Montiel v. Williams et al

Filing 109

PROPOSED VERDICT FORM. Signed by Judge Paul S. Grewal on June 7, 2013. (psglc2, COURT STAFF) (Filed on 6/7/2013)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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JERMAINE MONTIEL,
Plaintiff,
v.
CITY OF SAN JOSE, et al,
Defendants.

Case No.: C 07-5490 PSG

PROPOSED VERDICT FORM

IT IS SO ORDERED.
Dated: June 7, 2013

_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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VERDICT FORM

I.

Excessive Force Claims

1.

Did either Defendant use excessive force in arresting Plaintiff?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 2 and answer as to each
Defendant for whom you answered “Yes” above. If not, go to Section III (Delay of Medical
Care Claim).
2.

Was the use of excessive force a substantial factor in causing harm to Plaintiff?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Section II (Constitutional Claim against
City of San Jose). If not, go to Section III (Delay of Medical Care Claim).
II.

Constitutional Claim against City of San Jose

3.

Did Plaintiff prove that Defendant City of San Jose deprived him of his constitutional
rights by maintaining an official policy or custom of unlawful seizure or excessive force?
_______

Yes

_______

No

If you answered “Yes,” go to Question 4. If not, go to Section III (Delay of Medical Care Claim).
4.

Did Plaintiff prove that the City of San Jose’s official policy or custom was the moving
force behind a violation of his constitutional rights?
_______

Yes

_______

No

Go to Section III (Delay of Medical Care Claim).
III.

Delay of Medical Care Claim

5.

Did Defendants act with deliberate indifference to a serious medical need of Plaintiff?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 6 and answer as to each of the
Defendants for whom you answered “Yes” above. If not, go to Section IV (Negligence).

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6.

Was the deliberate indifference a substantial factor in causing harm to Plaintiff?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

Go to Section IV (Negligence).
IV.

Negligence

7.

Were either of the Defendants negligent?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 8 and answer as to each of the
Defendants for whom you answered “Yes” above. If not, go to Section V (Bane Act Claim).
8.

Was the negligence of any Defendant a substantial factor in causing Plaintiff’s harm?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 9. If not, go to Section V
(Bane Act Claim).
9.

Was Plaintiff negligent?
_____ Yes

____

No

If you answered “Yes,” go to Question 10. If not, go to Section V (Bane Act Claim).
10.

Was Plaintiff’s negligence a substantial factor in causing his harm?
_____ Yes

____

No

If you answered “Yes,” go to Question 11. If not, go to Section V (Bane Act Claim).
11.

What percentage of responsibility for Plaintiff’s harm do you assign to Plaintiff?
______%

Go to Section V (Bane Act Claim).

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V.

Bane Act Claim

12.

Answer this question only if you answered “Yes” to any Defendant in Questions 2
(Excessive Force Claim), 4 (Constitutional Claim against City of San Jose), or 6 (Delay
of Medical Care Claim). If not, go to Section VI (Battery Claim). Did Defendants
interfere with Plaintiff’s constitutional rights through threats, intimidation, and coercion?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

Go to Section VI (Battery Claim).
VI.

Battery Claim

13.

Did Defendants touch Plaintiff with the intent to harm or offend him?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 14 and answer as to each
Defendant for whom you answered “Yes” in Question 13. If not, go to Section VII (False Arrest
Claim).
14.

Did Defendants use unreasonable force when arresting Plaintiff?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 15. If not, go to Section VII
(False Arrest Claim).
15.

Did Plaintiff consent to the use of that force?
____

Yes

____

No

If you answered “No,” go to Question 16 and answer as to each Defendant for whom you
answered “Yes.” If not, go to Section VII (False Arrest Claim).
16.

Was Defendants’ use of unreasonable force a substantial factor in causing harm to
Plaintiff?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

Go to Section VII (False Arrest Claim).

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VII.

False Arrest Claim

17.

Did Defendants arrest Plaintiff without a warrant?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 18 and answer as to each
Defendant for whom you answered “Yes.” If not, go to Section VIII (Intentional Infliction of
Emotional Distress Claim).
18.

Did Plaintiff either rush toward other officers who were investigating a crime or appear
as if he could not care for himself or others because of intoxication?
_____ Yes

_____ No

If you answered “No,” go to Question 19 and answer as to each Defendant for whom you
answered “Yes” in Question 17. If not, go to Section VIII (Intentional Infliction of Emotional
Distress Claim).
19.

Was Defendants’ conduct a substantial factor in causing harm to Plaintiff?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

Go to Section VIII (Intentional Infliction of Emotional Distress Claim).
VIII.

Intentional Infliction of Emotional Distress Claim

20.

Was Defendants’ conduct lawful and consistent with community standards?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 21 and answer as to each
Defendant for whom you answered “Yes.” If not, go to Question 22.
21.

Did Defendants have a good-faith belief that they had a legal right to engage in the
conduct?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “No” to one or both Defendants, go to Question 22 and answer as to each
Defendant for whom you answered “No.” If not, go to Section IX (Tort Liability against the
City of San Jose Claim).

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22.

Was Defendants’ conduct outrageous?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 23 and answer as to each
Defendant for whom you answered “Yes.” If not, go to Section IX (Tort Liability against the
City of San Jose Claim).
23.

Did Defendants intend to cause Plaintiff emotional distress?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, answer Question 24. If not, go to Section IX
(Tort Liability against the City of San Jose Claim).
24.

Did Plaintiff suffer severe emotional distress?
_____ Yes

_____ No

If you answered “Yes,” go to Question 25 and answer as to each Defendant for whom you
answered “Yes” in Question 23. If not, go to Section IX (Tort Liability against the City of San
Jose Claim).
25.

Was Defendants’ conduct a substantial factor in causing Plaintiff’s emotional distress?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

Go to Section IX (Tort Liability against the City of San Jose Claim).
IX.

Tort Liability against the City of San Jose Claim

Answer Questions 26 and 27 only if you answered “Yes” to one or both Defendants in Questions
8 (Negligence Claim), 12 (Bane Act Claim), 16 (Battery Claim), 19 (False Arrest Claim) or 25
(Intentional Infliction of Emotional Distress Claim). If not, go to Section X (Damages).
26.

Were Defendants acting within the scope of their employment with the City of San Jose
when they harmed Plaintiff?
Officer Matt Williams

_____ Yes

_____ No

Sergeant Carl Sheppard

_____ Yes

_____ No

If you answered “Yes” to one or both Defendants, go to Question 27. If not, go to Section X
(Damages).

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27.

What was the percentage of responsibility for each of the Defendants and the City of San
Jose?
________%

Officer Matt Williams

________%

_______%

Sergeant Carl Sheppard

City of San Jose

Go to Section X (Damages).
X.

Damages

Only answer Question 28 if you answered “Yes” to Questions 4 (Constitutional Claim against
City of San Jose) or 26 (Tort Liability against City of San Jose) or as to one or both Defendants
in Questions 2 (Excessive Force Claim), 6 (Delay of Medical Care Claim), 8 (Negligence
Claim), 12 (Bane Act Claim), 16 (Battery Claim), 19 (False Arrest Claim), or 25 (Intentional
Infliction of Emotional Distress Claim). If you answered “No” to all of those questions, stop
here, answer no further questions, and have the foreperson sign and date this form.
28.

What is the total amount of damages, if any, suffered by Plaintiff?
$____________

Go to Question 29.
29.

Did Plaintiff fail to use reasonable effort to mitigate his damages?
_____ Yes

_____ No

If you answered “Yes,” go to Question 30. If not, go to Question 31.
30.

How much of Plaintiffs’ damages could have been mitigated by Plaintiff’s reasonable
efforts?
$_________

Go to Question 31.
31.

Did Defendants or the City of San Jose engage in conduct with malice, oppression, or
fraud?
_____ Yes

_____ No

If you answered “Yes,” go to Question 32. If not, stop here, answer no further questions, and
have the foreperson sign and date this form.
32.

What amount, if any, do you award in punitive damages?
$_________________

Have the foreperson sign and date this form.
Signed: _________________________________
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Dated: _________________

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